The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-06-12

The communication referred to in
Judge Cartoons letter is addressed to r.
n. Baskin and J. E. Dooley and opens
as follows: Yesterday [ received from
each of you manuscript form of regis
tratiOn oath, both forms being substan-
TALLY the same. That which was
furnished by Mr.. Dooly is given below
tthe other has been mislaid.)
That will support the Constitution of the
United States aud viii faithfully obey the
laws thereof: that will obey tn acts of Con-
gIess prohibiting pOlygaIny. bigamy. unlaW
Jul cOhabitatiOn, incest adultery and FORM
''itOry of the United States, at Gny time in
obedience to any alleged revelation or TO any
counsel, GdvLce, or command, from any source
Vhatever or under any Circumstances, enter
into plural or pOLygqnlOuS marriage, or haze or
take more 1CiUeS than one or cohabit with
more than one woman; that will not at anu
time hereafter, directly or indirectly, aid or
abet, counsel or advise. any persol to have
or take more wives than one. or to cohabit
with more than one woman or to commit
incest, adultery or tornicatioH; that L am
not bigamiSt or pOlygamist; that do not
cohabit polygamously with persons of the
other sex; and that I awe not been con
victed of any of the offenses above men
toned.
[ understand that the purpose for
which these forms have been furnished
is to suggest to the Utah Commission
the propriety of our changing the form
of registration oath-heretofore pre-
pared by the commission, by interpolat-
ing the words which 1 have put in
italics. Besides other changes have
been made. In regard to this PROPOSE
ton desire to say, in the most respect
full manner, that | cannot see the
nnaQGGitu or of oJ,
change"
Judge Carlton goes on to say: "The
oath prescribed by Congress las to its
material parts) is entirely promissory
in its character, having reference to the
future, the afhant swearing not as to
what he does or has done, but what he
will, or will not, do. Whether he is
willing or not to take the oath, is a
matter addressed to his own conscience
and is binding only in foro conscien-
tia. The duties of the officer in making
the registration and administering the
oath are purely ministerial in their
character, and he has no right to in
quire into any mans motives, nor to
catechise him as to his opinions on mat
tiers of religion, tithes or other church
contributions, or his church member
ship. 1t was evidently the intention of
Congress to allow all male persons of
proper age, etc., to vote if they are
not disqualified by polygamy. etc.,
provided they are willing. to take the
prescribed oath. An inguIsito-ial cate
chism of metaphysical character by
the registrars, as to whether the party
might sometime in the future change
his mind and go into polygamy. or
under certain seductive temptations
might commit fornication or adultery,
is in my opinion not authorized by law.
The same remarks will apply to the reg
istration officer on proceeding to strike
off names on the registery list. In such
proceeding he may investigate the
questions whether party is under any
of the disabilities provided by Terri
torial law or the acts of Congress-these
last are: Is he in fact a polygamist? is
he living in unlawful cehabitation2 Is
he associated or cohabiting polygam-
ously with persons of the other sex?
Has he been convicted of bigamy, poly |
gamy, unlawful cohsbitatioD, incest, |
adultery or fornication2 Has he taken |
the oath prescribed by the act of Con
gress? This enumeration exhausts all |
the disquaIifcations provided by Con- |
gress Further than this Except as to |
local statutory qualifications the regis |
trar cannot go. The same principle will
apply to judges of election upon chsl- |
longe az the polls"